Chapter 17.60 — DEVELOPMENT AGREEMENTS

Pursuant to the provisions of Government Code Section 65864, et seq., the city council is authorized to enter into development agreements with certain developers pursuant to the provisions of this chapter.

(Ord. 514-U § 1, 1986; Ord. 545 § 1, 1988)

Any property owner, or other person having a legal or equitable interest in any parcel of property located within the city may, upon the payment of an application fee of two hundred fifty dollars, submit an application for approval of a development agreement pursuant to the provisions of Government Code Section 65864, et seq.

(Ord. 514-U § 1, 1986; Ord. 545 § 1, 1988)

Any application for approval of a development agreement shall be accompanied by a proposed form of an agreement which shall, as a minimum, specify the duration of the agreement, the permitted uses of the property, the density or intensity of use, the maximum height and size of proposed buildings, and provisions for reservation or dedication of land for public purposes. Additionally, the development agreement may include conditions, terms, restrictions, and requirements for subsequent discretionary actions. The agreement shall contain provisions that construction of improvements shall commence within a specified period of time and that the project or any phase thereof shall be completed within a specified period of time.

(Ord. 514-U § 1, 1986; Ord. 545 § 1, 1988)

Upon receipt of any such application for a development agreement, city shall cause the same to be reviewed and a staff report and recommendations to the planning commission to be prepared within a period of not to exceed forty-five days from the date of filing of the application. Said report and recommendations, together with the application, shall be submitted to the ,planning commission at its next regular meeting after the completion and filing of the report and recommendations and, at that meeting, the planning commission shall set thee matter for public hearing pursuant to and in compliance with all of the provisions of Government Code Sections 65090 and 65091. Said public hearing shall be set not later than forty-five days following the meeting at which the planning commission receives said report and recommendations. At the conclusion of the public hearing, the planning commission shall make such recommendations to the city council and supporting findings as it may deem appropriate.

(Ord. 514-U § 1, 1986; Ord. 545 § 1, 1988)

The recommendation and findings of the planning commission shall be submitted to the city council within thirty days following the adoption thereof by the planning commission, and the city council shall, at said meeting, set a public hearing on the application and the recommendation, which public hearing shall be held not later than forty-five days following the receipt by the city council of the planning commission recommendation and findings. Said public hearing by the city council shall be held in conformity with all of the provisions of Government Code Sections 65090 and 65091. (Ord. 514-U § 1, 1986; Ord. 545 § 1, 1988)

The city council, following the public hearing, may approve or disapprove the proposed development agreement and, if the same is approved, may imposed upon it such conditions as appear to the city

council reasonable and necessary to carry out the intent of Government Code Section 65865 et seq., and to protect the public health, safety and welfare, including any of the conditions referred to in Government Code Section 65865.2. The approval by the city council of any such development agreement may be by resolution.

(Ord. 514-U § 1, 1986; Ord. 545 § 1, 1988)